Pelka v Secretary, Department of Family & Community Services [2006] FCA 735

FEDERAL COURT OF AUSTRALIA

Pelka v Secretary, Department of Family & Community Services

[2006] FCA 735

SOCIAL SECURITY – carer's payment – single rate – marriage-like relationship – factors relevant to assessment of marriage-like relationship – whether pooling of financial resources – finding by Tribunal of pooling – no evidence of pooling – apparent misconstruction by the Tribunal of relevant statutory criterion – error of law – question of marriage-like relationship otherwise finely balanced – Tribunal decision set aside – matter remitted to Tribunal to determine according to law WORDS AND PHRASES – 'marriage-like relationship', 'pooling of financial resources' Social Security Act 1991 (Cth) s 210, s 1064, s 4(2), s 4(3) Social Services Act 1947 (Cth) Lambe v Director-General of Social Services (1981) 57 FLR 262 cited Lynam v Director-General of Social Security (1983) 52 ALR 128 cited Staunton-Smith v Secretary, Department of Social Security (1991) 32 FCR 164 cited Cadman v Secretary, Department of Social Security (1993) 31 ALD 486 cited Garner v Repatriation Commission (1998) 53 ALD 297 cited Re: Secretary, Department of Family and Community Services and WAP [2000] AATA 7 cited New Shorter Oxford English Dictionary

Sutherland P, Annotations to the Social Security Act 1991 (5th ed, Federation Press, 1998) Creyke R and Sutherland P, Veterans' Entitlements Law (Federation Press, 2000)

MARILYN PELKA v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES WAD 46 OF 2005 FRENCH J 14 JUNE 2006 PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 46 OF 2005

On Appeal from the Administrative Appeals Tribunal

Constituted by Ms L. Savage-Davis

BETWEEN: MARILYN PELKA

Applicant

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES